s IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No: 14816 OF 2025 Between; 1. Kurukuri Harish, S/o. Viswesrara Rao, Aged 34 years, R/o. D.No.3-20, Panchayat Street, Yadavolu Village, Devarapalli Mandal, East Godavari District - 533223. 2. Kurukuri Viswesrara Rao, S/o. Pedda Apparao, Aged 64 years, R/o. D.No.3-20, Panchayat Street, Yadavolu Village, Devarapalli Mandal, East Godavari District - 533223. ...PETITIONERS AND M/s. State Bank of India, rep. by its Authorized Officer, Gopalapuram Branch Main Road, Gopalapuram, East Godavari District - 533223. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or Orders more particularly one in the nature of a WRIT OF MANDAMUS against the arbitrary action of the respondent bank in trying to execute the Order in CrI.M.P. No. 181/2024 on the file of the Chief Judicial Magistrate-cum-Principal Civil Judge (ST Division) at Eluru and trying to dispossess the petitioner from his property and conduct auction of the subject property which is arbitrary and violation of Articles 14 and 21 and 300A of Constitution of India and Consequently to set aside the said proceedings and pass such other order or orders as the Hon’ble court deem fit and proper in the circumstances of the case in the interest of justice or otherwise he will be put to irreparable loss and injury. lA No: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to stay of all further proceedings in manner by not to taking Physical Possession and conduct the auction in pursuance of orders passed in CrI.M.P. No.181/2024 on the file of the Chief Judicial Magistrate-cum-Principal Civil Judge (ST Division) at Eluruin respect of schedule propert230 of 2025 y until the S.A.No.230 of 2025 on the file of Debts Recovery Tribunal, Visakhapatnam. Counsel for the Petitioners: SRI DANYAMRAJU UMA MAHESWARA RAO Counsel for the Respondent: SRI S.SATYANARAYA MURTHY, SC FOR SBI The Court made the following: ORDER Bench Sr.No:-LM-1 [3446] APHC010298882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO; 14816 of 2025 ...Petitioners Kurukuri Harish and others Vs. ...Respondent State Bank of India ********** Mr. Danyamraju Uma Maheswara Rao Advocate for Petitioner: Advocate for Respondent; CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO : 19“’June, 2025. DATE PC : Learned counsel for the petitioners states that in the S.A. filed before the D.R.T., Visakhapatnam, the D.R.T. had granted interim relief subject to payment of Rs.2,80,000/- in two installments, out of which the first installment of Rs. 1,40,000/- is stated to have been paid by the petitioners and the second pending installment could not be paid on account of financial difficulty being faced by the petitioner. It is stated that now the matter is listed for final hearing before the D.R.T. and the next date fixed is on 25.06.2025. It is stated that in the meantime, the bank has initiated proceedings for dispossessing the petitioners from the premises in question which will render the pending S.A. academic. 2. \ 2 HCJ & RRRJ ^ WP 14816 2025 Be that as it may, we dispose of the present writ petition, with a direction to the D.R.T., Visakhapatnam, to decide the S.A. bearing No.230 of 2025, on merits, on the date fixed by it. The bank shall not dispossess the petitioner till such time as the S.A. is decided on merits. Learned counsel for 3. the petitioners, however, undertakes not to seek any adjournment on any of the dates fixed for hearing by the D.R.T. and shall argue the matter as and when called. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECnefTOFFICER To, 1. The Chief Judicial Magistrate-cum-Principal Civil Judge (ST Division) at Eluru, West Godavari District. 2. The Debts Recovery Tribunal, 54, 31-32-54, Chitralaya Leelamahal Road, Daba Gardens, Jagadamba Junction Visakhapatnam, Andhra Pradesh 530020. 3. The Authorized Officer, State Bank of India, Gopalapuram Branch Road, Gopalapuram, East Godavari District - 533223. 4. One CC to Sri Danyamraju Uma Maheswara Rao, Advocate [OPUC] 5. Three CD Copies. Rd, near Main gi HIGH COURT DATED: 19/06/2025 ORDER WP.No.14816of 2025 X 19 JUN 2025 p,^ . Current Section ^ 09, DISPOSING OF THE WRIT PETITION WITHOUT COSTS